In re the Estate of Conway

Millard L. Midonick, S.

A question arises in this accounting proceeding as to whether or not an adopted child is entitled to an interest in property bequeathed pursuant to a power of appointment granted by the testator. The donee of the power explicitly exercised the power by article fifth of her will. The *910pertinent portion of that article appears in subdivision (f) and reads:

“ The balance of said Part A of my husband’s residuary estate shall be divided among and paid over and distributed in equal shares to the children then living (if any) of the following grandchildren of my husband:…